QUESTION
Am I entitled to any equity in the home we have shared for the past 15 years?
Asked on May 27th, 2013 on Divorce - California
More details to this question:
I have been married for 10 years. My husband would never put my name on the house but yet required that we have shared bank accounts because that is what married couples do which I have no problem with. He would never let us sell that home an buy a new one either. I am the breadwinner an love him very much but hate this situation. My question, am I entitled to any equity in the home we have shared for the past 15 years? Also no kids are involved.
8 ANSWERS
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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If you live in Nevada, the answer is maybe. You will need to speak to an attorney regarding the amount the community may have acquired in equity in these homes Also, you need to make sure you never signed a quit claim deed.
Answered on May 29th, 2013 at 9:41 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Assuming there is any equity in the home there is a very convoluted formula to determine what portion of the equity in the home you may be entitled to. You should consult with an experienced family law attorney to review this question.
Answered on May 29th, 2013 at 9:40 AM
You are absolutely entitled to half the equity in the home. Get a lawyer to protect your interests. You are entitled to one-half of everything acquired during marriage except things gifted or inherited. Please see a family law attorney
Answered on May 28th, 2013 at 11:03 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, Yes. If you are married, then it doesn't matter whose name the home is in. Any asset that has gained value during the marriage or that was acquired during the marriage is half yours (or half of the gained value), regardless of whose name it is in. If you are contemplating divorce, you should consult with an attorney in order to best determine your potential rights and options under Florida law.
Answered on May 28th, 2013 at 10:13 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes, if you get divorced the home is considered marital property
Answered on May 28th, 2013 at 9:48 AM
Title to the house not determinative. You should consult a family law attorney to review all of the facts and advise you. If you made the payments from your current income then you have an interest in the house.
Answered on May 28th, 2013 at 9:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The house may have been converted to community property, in which case you would be entitled to one-half the value.
Answered on May 28th, 2013 at 12:08 AM
Yes because you used community property income to pay the mortgage and taxes. Consult a family law atty.
Answered on May 27th, 2013 at 10:11 PM